Common use of No Gross Up Clause in Contracts

No Gross Up. (a) All payments to be made hereunder will be paid without deduction or withholding for or on account of any taxes, save as required by applicable law (or pursuant to FATCA), in which case they shall be made net of any such required deduction or withholding. (b) To the extent permitted by applicable law, the Subordinated Lender covenants with the Issuer that it will provide (including by way of updates) to the Issuer in such form and at such time as is reasonably requested by the Issuer (including by way of electronic certification) any information, representations, certifications, waivers and forms as may reasonably be requested by the Issuer to assist it in complying with FATCA or any other Tax Information Arrangement (including any voluntary agreement entered into with a tax authority in connection with FATCA or any other Tax Information Arrangement), where applicable, and to determine whether any FATCA Deduction is required with respect to payments to the Subordinated Lender under the Transaction Documents. The Issuer will be entitled (to the extent permitted by applicable law) to disclose to any tax authority any information relating to the Subordinated Lender, this Agreement and the Transaction Documents required for the purposes of FATCA or any other Tax Information Arrangement, including (without limitation) any information, representations, certifications, waivers and forms provided pursuant to this clause 5.4(b).

Appears in 14 contracts

Samples: Subordinated Loan Agreement, Subordinated Loan Agreement, Subordinated Loan Agreement

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No Gross Up. (a) All payments to be made hereunder will be paid without deduction or withholding for or on account of any taxes, save as required by applicable law (or pursuant to FATCA), in which case they shall be made net of any such required deduction or withholding. (b) To the extent permitted by applicable law, the Subordinated Lender covenants with the Issuer that it will provide (including by way of updates) to the Issuer in such form and at such time as is reasonably requested by the Issuer (including by way of electronic certification) any information, representations, certifications, waivers and forms as may reasonably be requested by the Issuer to assist it in complying with FATCA or any other Tax Information Arrangement (including any voluntary agreement entered into with a tax authority in connection with FATCA or any other Tax Information Arrangement), where applicable, and to determine whether any FATCA Deduction is required with respect to payments to the Subordinated Lender under the Transaction Documents. The Issuer will be entitled (to the extent permitted by applicable law) to disclose to any tax authority any information relating to the Subordinated Lender, this Agreement and the Transaction Documents required for the purposes of FATCA or any other Tax Information Arrangement, including (without limitation) any information, representations, certifications, waivers and forms provided pursuant to this clause 5.4(b5.3(b).

Appears in 3 contracts

Samples: Subordinated Loan Agreement, Subordinated Loan Agreement, Subordinated Loan Agreement

No Gross Up. (a) All payments to be made hereunder will be paid without deduction or withholding for or on account of any taxes, save as required by applicable law (or pursuant to FATCA), in which case they shall be made net of any such required deduction or withholding. (b) To the extent permitted by applicable law, the Subordinated Lender covenants with the Issuer that it will provide (including by way of updates) to the Issuer in such form and at such time as is reasonably requested by the Issuer (including by way of electronic certification) any information, representations, certifications, waivers and forms as may reasonably be requested by the Issuer to assist it in complying with FATCA or any other Tax Information Arrangement (including any voluntary agreement entered into with a tax authority in connection with FATCA or any other Tax Information Arrangement), where applicable, and to determine whether any FATCA Deduction is required with respect to payments to the Subordinated Lender under the Transaction Documents. The Issuer will be entitled (to the extent permitted by applicable law) to disclose to any tax authority any information relating to the Subordinated Lender, this Agreement and the Transaction Documents required for the purposes of FATCA or any other Tax Information Arrangement, including (without limitation) any information, representations, certifications, waivers and forms provided pursuant to this clause 5.4(bClause 5.3(b).

Appears in 2 contracts

Samples: Subordinated Loan Agreement, Subordinated Loan Agreement

No Gross Up. (a) All payments to be made hereunder will be paid without deduction or withholding for or on account of any taxes, save as required by applicable law (or pursuant to FATCA), in which case they shall be made net of any such required deduction or withholding. (b) To the extent permitted by applicable law, the Subordinated Lender covenants with the Issuer that it will provide (including by way of updates) to the Issuer in such form and at such time as is reasonably requested by the Issuer (including by way of electronic certification) any information, representations, certifications, waivers and forms as may reasonably be requested by the Issuer to assist it in complying with FATCA or any other Tax Information Arrangement (including any voluntary agreement entered into with a tax authority in connection with FATCA or any other Tax Information Arrangement), where applicable, and to determine whether any FATCA Deduction is required with respect to payments to the Subordinated Lender under the Transaction Documents. The Issuer will be entitled (to the extent permitted by applicable law) to disclose to any tax authority any information relating to the Subordinated Lender, this Agreement and the Transaction Documents required for the purposes of FATCA or any other Tax Information Arrangement, including (without limitation) any information, representations, certifications, waivers and forms provided pursuant to this clause 5.4(b5.3(b) (No Gross-up).

Appears in 1 contract

Samples: Subordinated Loan Agreement

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No Gross Up. (a) All payments to be made hereunder will be paid without deduction or withholding for or on account of any taxes, save as required by applicable law (or pursuant to FATCA), in which case they shall be made net of any such required deduction or withholding. (b) To the extent permitted by applicable law, the Subordinated Lender covenants with the Issuer that it will provide (including by way of updates) to the Issuer in such form and at such time as is reasonably requested by the Issuer (including by way of electronic certification) any information, representations, certifications, waivers and forms as may reasonably be requested by the Issuer to assist it in complying with FATCA or any other Tax Information Arrangement (including any voluntary agreement entered into with a tax authority in connection with FATCA or any other Tax Information Arrangement), where applicable, and to determine whether any FATCA Deduction is required with respect to payments to the Subordinated Lender under the Transaction Documents. The Issuer will be entitled (to the extent permitted by applicable law) to disclose to any tax authority any information relating to the Subordinated Lender, this Agreement and the Transaction Documents required for the purposes of FATCA or any other Tax Information Arrangement, including (without limitation) any information, representations, certifications, waivers and forms provided pursuant to this clause 5.4(b6.2(b).

Appears in 1 contract

Samples: Subordinated Loan Agreement

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